SADLER N. ROSE. VOL. 1& than sufficient debts due said estate, to pay off all liabilities. That there are four negro slaves *be- [4i601 longing to said estate, which will be ready to be turned over to the guardian of the minor heir's, to-wit Lewis 0. Sadler, aged about four and a half years, and Lucien 0. Sadler, aged about two years. That they are the 600'1 *SADLER heirs of Lucien 0. Sadler, deceased. V. That the negroes, to-wit: Jake, Ben, Sam and Sophia will be delivered on ROSE. the first of January next by the said The probate judge is invested with a sound legal administrator. That there is a negro, discretion in the appointment of guardians, and Ben, about forty-five years of age, in his judgment should not be overruled except in dispute, and as soon as the controversy cases of manifest error or abuse of such discretion. is decided, some disposition will be The 3d section, ch. SO, Dig., providing for the remade by the administrator—so he in-moval of a guardian for good cause shown, does not forms petitioner—and if he is adjudged apply to 'a case where the appointment of the guardian is revoked at the term when it is made, to be the property of said estate, will whilst the orders of the probate judge are under be delivered to your petitioner. That his control, and before the guardian has entered one Rufus C. Sadler has been at this upon the discharge of his duties. term appointed guardian of said minors Appeal from the Circuit Court of John-contrary to the wish of the adminis-8071 County. trator and the mother of said minors. Your petitioner prays your honor to HON. FELIX J. BATSON, Circuit revoke the guardianship of said Rufus Judge. C. Sadler, and appoint your petitioner Jordan, for the appellant. guardian of said minors, etc. Cummins d& Garland, for the appel-It appears that the petition was taken lee. up by the court for disposal, on the same day it was filed, and that Rufus ENGLISH, C. J. From the record C. Sadler appeared and opposed the before us in this case, the following granting of the prayer of the petitioner: facts appear : but the probate judge madean order re-On the 22d of October, 1855, a term voking the appointment of said Rufus of the probate court of Johnson county C. Sadler asguardian of said minors, and was commenced. On the 25th October, appointed the petitioner their guard-at the same term, Moreau Rose filed a ian : who, thereupon, entered into petition in said probate court, stating bond, and qualified as such, etc. as follows, etc.: Rufus C. Sadler took a bill of excep-"That Lucien 0. Sadler departed tions to the decision of the court, stat-this life on or about the llth day of ing that the court removed him, and December, 1853,111 the county of John-appointed Rose guardian, as aforesaid, son, stc., seized and possessed of about "upon the facts and reasons set forth 88,000 worth of property, real and per-in said petition, and no other evidence sonal. That the real estate has been was given to the court." He appealed sold by the administrator under order from the order of the probate judge of eourt. That the administrator into the circuit court of Johnson county, forms petitioner that there are more where the judgment of the probate
JAN. TERM, 1857. SADLER V. ROSE. -court was affirmed : and he appealed us. At the same term, and for aught to this court. that appears to us. on the same day , , By the Constitution ., art. 6, sec. 10, and at most, within two or three days the probate court has such jurisdiction thereafter, the probate judge revoked in matters relative to the estates of his appointment; and appointed Rose, deceased persons, executors, adminis-and permitted him to enter into bond, trators and guardians, as may be pre-and qualify as such. The whole mat-scribed by law, etc. ter occurred at the same term of the "The probate court shall have juris-court, and while the orders of the court diction in the following cases : first, of were under its control. It was the pro-all cases relative to the probate of last vince of the plobate judge to pass upon 6029 wills and *testaments, the grant-and determine the sufficiency of the ing of letters testamentary and of ad-causes stated in the petition for mak-ministration, and repealing the same. ing the change in the appointment ; Second, the appointment and displacing and we have no such facts before us of guardians of orphans, minors, and as to enable us to decide that he abused persons of unsound minds," etc. Dig., the discretion vested in him by law ch. 48, see. 5. in the matter. if he was satisfied with A minor of the age of fourteen years the truth of the statement, that the and upwards, may choose a guardian ; mother of the minors disapproved of and the court, if there be no just cause the appointment of Sadler, this might to the contrary, shall appoint the per-have been a consideration of some son chosen. Dig. ch. 80, sec. 6. weight in determining him to change When a minor is under the age of the appointment. fourteen years, etc., the court may, ac-*If Sadler had entered into r603 cording to its discktion, appoint a bond, qualified as such guardian and guardian. Id. sec. 7. entered upon the duties of the office, Such court shall have power to re-and t be term of the court at which his move guardians for good cause shown. appointment was made had expired, Id. sec. 3. and the order thereby become final, It is manifest, from the above pro-the probate judge could not have revisions of law, that the probate judge moved him except for good cause is invested with a sound legal discre-shown. As to what would constitute tion in the appointment of guardians: such cause of removal, and as to how and that his judgment is not to be far the judgment and discretion of the overruled by the supervising tribunals. probate court could be controlled in except in cases of manifest error or the matter by the superior tribunals, it abuse of such discretion. is not necessary for us to decide in this In this case, Sadler, at whose in-case. stance does not appear, was appointed The judgment of the court below is guardian of minors under the age of affirmed. fourteen. Whether he, entered into Absent, Hon. C. C. Scott. bond and qualified as such, does not elearly appear from the record before 44 Rep.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.